Recent Posts

Study warns of potential increase in global mercury emissions, which would impact animals in Arctic region
Posted on 15 May 2011 by Thomas H. Clarke, Jr.

An assessment by a scientific body set up by the eight Arctic rim countries has projected that global mercury emissions could grow by 25% by 2020 if no action is taken to control such emissions, posing a threat to polar bears, whales, and seals and the... Read More

U.S. EPA Considering Limiting Self-Disclosure Incentives
Posted on 16 Mar 2012 by Steven M. Siros

By Steven M. Siros, Partner, Jenner & Block Under U.S. EPA's current audit policy, companies that self-disclose environmental violations may be entitled to the elimination or reduction of penalties for non-compliance. However, U.S. EPA recently... Read More

State Net Capitol Journal Legislative Updates: Illinois Governor Vetoes Plastic Bag Recycling
Posted on 4 Sep 2012 by State Net

ENVIRONMENT: ILLINOIS Gov. Pat Quinn (D) vetoes SB 3442, which would have required plastic bag manufacturers to set up collection and recycling programs and barred local municipalities from establishing their own plans (QUAD-CITY TIMES). • The U... Read More

Major Changes Proposed for Shale Gas Fracking
Posted on 25 Aug 2011 by Dianne Saxe

By Dianne Saxe, Ontario Environmental Lawyer Advisors to US Energy Secretary, Stephen Chu, have recommended major changes to improve regulation and environmental performance of shale gas fracturing (fracking) in the US. Public consultation is continuing... Read More

EPA proposes draft rules related to air emissions from hydrofacturing operations
Posted on 2 Aug 2011 by Thomas H. Clarke, Jr.

EPA has released rule changes that will require oil and gas drillers that use hydraulic fracturing to use new or improved processes and equipment in an attempt to reduce the level of volatile organic compounds (VOC's) and other air pollutants emitted... Read More

Steptoe and Johnson Update: Ohio EPA Proposes Air Permits for Drilling Sites
Posted on 31 Aug 2011 by Steptoe & Johnson PLLC

By Katerina E. Milenkovski , Of Counsel, Steptoe & Johnson PLLC During the past several months, Ohio EPA has been working to determine what, if any, air pollution requirements apply to well-site operations in the oil and gas industry - in particular... Read More

What Price For Clean Air? The EPA’s Golden Rule: No Good Neighbor Goes Unpunished
Posted on 21 Apr 2014 by Foley & Lardner LLP

By Brian H. Potts Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee... Read More

EPA Proposes New and Differing Carbon Emission Limits for Future Natural Gas-Fired and Coal-Fired Power Plants
Posted on 1 Oct 2013 by Gabrielle Sigel

On September 20, 2013, U.S. EPA rescinded its first attempt and proposed new rules to establish New Source Performance Standards (NSPS), i.e. , national emission limits, for carbon dioxide (CO 2 ) emitted from new electric power plants. EPA's proposed... Read More

Clean Air Court Win For US Environmental Protection Agency
Posted on 8 May 2014 by Dianne Saxe

The US Environmental Protection Agency has won an important court victory that may help clean the air in Ontario. About half of the air pollution in southern Ontario blows in from the US, mostly from coal-fired power generation stations. The EPA has been... Read More

Let a thousand lawsuits bloom: The CAA is this week's favorite target
Posted on 12 Oct 2011 by Thomas H. Clarke, Jr.

As noted in prior posts, EPA has proposed national standards for mercury and other toxic pollutant emissions from power plants. See http://www.epa.gov/airquality/powerplanttoxics/ . Now Guam and 25 states have filed a challenge to the regulations. The... Read More

Babst Calland: Ohio Supreme Court Rules That a Failed Stack Test Creates a Rebuttable Presumption of Continuing Noncompliance With Air Pollution Emission Standards
Posted on 10 Jan 2013 by Babst Calland

The Ohio Supreme Court has ruled that a reference method stack test showing that an air contaminant source is exceeding emission standards creates a rebuttable presumption that the source is in continuing noncompliance with emission standards, State,... Read More

Court Denies Rehearing of Decision Overturning CSAPR
Posted on 19 Feb 2013 by Troutman Sanders

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit refused to rehear a decision of a three-judge panel of the court that overturned EPA's Cross-State Air Pollution Rule ("CSAPR"). CSAPR addressed the interstate... Read More

Federal Court Rejects USEPA’s Attempt to Limit Summit Ruling to Sixth Circuit
Posted on 17 Jul 2014 by Babst Calland

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a USEPA memorandum aimed at limiting the reach of S ummit Petroleum Corp. v. USEPA , (6th Cir. Aug 7, 2012), [ enhanced version available to lexis.com subscribers ], a case which... Read More

Federal Government Proposes New Air Pollution Regulations
Posted on 25 Jun 2014 by Dianne Saxe

The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters... Read More

Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants
Posted on 23 Aug 2011 by Dustin T Till

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76... Read More